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How to wander responsibility: sustainable tourism practices & legal compliance in South Africa

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How to wander responsibility: sustainable tourism practices & legal compliance in South Africa

Webber Wentzel

21st August 2024

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As the tourism world continues to expand, sustainable tourism is no longer optional but a necessity. Tourists are urged to assess their travels' ecological impact on the various countries they visit. Similarly, countries have to ensure that their policies and legal frameworks are robust enough to withstand the booming tourism industry.

The future of sustainable tourism in South Africa is jeopardised by numerous threats, emphasising the urgent need for legal frameworks. These threats include (but are not limited to) trophy and irresponsible hunting; township tourism which fails to focus on local development; waste management; unfair trade for local businesses; environmental preservation; historical recognition and memorialisation; cultural celebration and preservation; and sustainable agriculture.

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Countries in the Southern African Development Community (SADC) region rely on the Southern African Chapter of the International Centre for Responsible Tourism (ICRT) to offer local context to a global imperative where we all take responsibility for ensuring a sustainable future. The goals and objectives of the Southern African ICRT Chapter include:

  • Promoting responsible tourism through idea promotion and demonstration projects.
  • Encouraging and facilitating knowledge exchange among responsible tourism academics and practitioners.
  • Organising conferences and workshops and disseminating information about responsible tourism principles and practices through various media.

South Africa has been long regarded as a pioneer in sustainable tourism, dating back to 2002. This was evident when over 280 delegates from 20 countries attended the World Summit on Sustainable Development in Johannesburg and signed the "Cape Town Declaration on Responsible Tourism" pledge. The Cape Town Declaration was a pledge by all stakeholders in the hospitality and tourism industries, including entrepreneurs, all spheres of, tourism professionals, tourism authorities, NGOs and hotel groups, to demonstrate their continued adherence to the economic, social and environmental responsibilities associated with sustainable tourism.

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Following the Cape Town Declaration, South Africa introduced and implemented the National Minimum Standard for Responsible Tourism (NMSRT) in 2011. The NMSRT was established by the National Department of Tourism, in collaboration with the South African National Accreditation System, to provide national accreditation for the South African tourism industry. The accreditation process includes 41 criteria, divided into four categories: sustainable operations & management, economic considerations, social & cultural requirements and environmental factors.

The Tourism Act, 3 of 2014 (the Act) states that its purpose is to "provide for the development and promotion of sustainable tourism for the benefit of the Republic, its residents and its visitors". Section 2(2) of the Act defines responsible tourism as tourism that:

"(a) seeks to avoid negative economic, environmental and social impacts;

(b) generates greater economic benefits for local people, enhances the well-being of host communities and improves working conditions and access to the tourism sector;

(c) involves local people in decisions that affect their lives;

(d) makes positive contributions to the conservation of natural and cultural heritage and to the maintenance of the world’s diversity;

(e) provides enjoyable experiences for tourists through meaningful connections with local people and a greater understanding of local cultural, social and environmental issues;

(f) provides access for physically challenged people; and

(g) is culturally sensitive, engenders respect between tourists and hosts, and builds local pride and confidence."

The Act also established a national grading system for tourism, tourism complaints, accreditation schemes, and the national registrar of tourist guides. All of these provisions showcase a commitment to sustainable tourism growth. Significantly, section 59 of the Act specifies offences and penalties for anyone who contravenes certain provisions of the Act.

As we look to the future of travel, it's clear that sustainable tourism is more than a trend; it’s a requirement. By adopting sustainable practices, we can ensure that tourism benefits both the environment and local communities. South Africa, with its commitment to sustainable tourism, offers a pathway for responsible tourism that preserves its beauty, while safeguarding its treasures for all future generations.

Written by Lize-Mari Doubell, Trainee Attorney & Candice Meyer, Partner at Webber Wentzel

 

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